For Immediate Release
October 16, 2018
On Tuesday, October 23, at 9:30 a.m. the Abolitionist Law Center will argue at an En Banc hearing in front of the Pennsylvania Superior Court in the case is the Commonwealth v Lee, where the petitioner, Avis Lee, is arguing that the right established in the U.S. Supreme Court’s Miller v. Alabama and Montgomery v. Louisiana decisions applies to all adolescents and not just strictly to those who were under the age of 18 at the time of the crime. This groundbreaking case has the potential to alter the way the Commonwealth treats mandatory life without the possibility of parole (LWOP).
The petitioner in this case, Avis Lee, has served over thirty-eight years in prison. Like many people in Pennsylvania, Avis received a mandatory life sentence under a felony-murder charge. At the age of 18, Avis served as a lookout while her brother and his friend attempted a robbery. After a brief struggle, the victim was shot by Avis’s brother and collapsed in a parking lot. Avis flagged down a bus driver in order to get the victim help, but despite her efforts, he still passed away. Avis was convicted and sentenced to mandatory life in prison without the possibility of parole. Since her incarceration, Avis has completed extensive rehabilitative programming and performed countless hours serving others through her work in the prison and with community groups, including being a mentor and assisting in braille translations.
As described in ALC’s recently published report, A Way Out: Abolishing Death by Incarceration in Pennsylvania, as people mature, they are less likely to engage in criminal conduct. Of the more than 5,300 people serving life-without-parole in Pennsylvania, approximately half committed the offense resulting in their LWOP sentence before the age of 25.
This case therefore is representative of hundreds of individuals who were sentenced to mandatory life without parole in their youth but who are currently ineligible to be resentenced due solely to an arbitrary age cut-off.
Petitioner has argued to the Superior Court that the same scientific and legal reasoning behind Miller and Montgomery apply with equal force to those who were younger than 18 and those like Avis, who were adolescents and possessed the same characteristics of youth. The Court has decided to take the rare step of hearing the case en banc, meaning that 9 judges will hear the matter and will possess the power to overrule the Court’s earlier cases that upheld a cutoff at 18 years of age.
Allegheny County is the place where the crime occurred. The Allegheny County District Attorney’s office, headed by DA Zappala, is opposing the petition and has not shown a willingness to reconsider the pursuit of LWOP sentences. By contrast, Philadelphia District Attorney Larry Krasner came out in support of Pennsylvania Senate Bill 942 this month, legislation introduced by Senator Street that would allow parole consideration for all serving life sentences after 15 years.
That Avis Lee, who was 18 at the time of her offense and who had repeated and severe experiences of trauma in her childhood and adolescence, committed her offense during a time of ongoing maturation and development is a historical fact at this point. The question in front of the Court is whether she can proceed to a merits determination as to whether her sentence is excessive in light of Miller and Montgomery.
Contact: Miracle Jones, Abolitionist Law Center, email@example.com